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To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

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Rights Lawyers Hope to Outlaw Death Penalty in Zimbabwe

Zimbabwe's Constitutional Court began its year Wednesday with a request from 15 death row prisoners for their sentences to be commuted. Rights lawyers are hoping the death penalty will be outlawed in Zimbabwe this year.

The lawyer for the 15 said they have been waiting for their executions for periods ranging between 4 and 20 years.

All have been convicted of murder or treason, which carry capital sentences in Zimbabwe.

Their lawyer, former Zimbabwe finance minister Tendai Biti, said after this case is over he wants the death penalty completely outlawed. "When someone has been sentenced to death, he cannot be subjected to death row for so long and wait for so many years on death row.We are saying that is unconstitutional.

We would want to challenge the death penalty. And I believe we will do so this year, once parliament passes amendments to Criminal and Evidence Act. We do not believe in the death penalty," he said."You can also see that some of the judges do not believe in it, including the minister of justice who is now vice president who does not believe in it. They just have not had the courage to simply say, 'Let us outlaw it.'"

The vice president Biti refers to is Emmerson Mnangagwa, who opposes the death penalty.

In 2013, Mnangagwa said he would "rather resign than sign certificates for executions." "We have 89 people on death row. 2 of them are women. They are lucky, I did not sign the papers for their execution. At the end of the day, we have commuted [their sentences] to life imprisonment," he explained.

Since those comments, the number of prisoners awaiting execution has risen to more than 100.

Biti said a ban on the death penalty must come from the courts, instead of depending on the benevolence of 1 politician.

On Wednesday, he argued that Zimbabwe's constitution protects everyone, including convicted prisoners, against torture or cruel, inhuman and degrading punishment.

He said the long periods his clients have spent in prison, never knowing when they might be hanged, amount to such punishment. Death-row prisoners in Zimbabwe are not told in advance of the date and time of their execution.

Source: Voice of America News, January 13, 2016

117 Zimbabwe inmates on death row

The 14 inmates are seeking an order to have their cases remitted for resentencing so that their sentences can be commuted to life sentences.

Zimbabwe has 117 inmates on death row at a time the country does not have a hangman, a situation that has left a number of the condemned prisoners subjected to psychological torture as a result of the delays in carrying out the executions. This was revealed at the Constitutional Court in Harare Wednesday where Shadreck Chawira and 14 others are challenging the constitutionality of their continued incarceration while they await the hangman's noose.

Harare Central Prison is the only prison designed for death row inmates but some of the prisoners sentenced to death were now being kept at Chikurubi Maximum Prison because of shortage of space, the court heard.

Justice Luke Malaba, leading a full bench of the Constitutional Court, reserved judgment on the case.

The 14 inmates are seeking an order to have their cases remitted for resentencing so that their sentences can be commuted to life sentences.

The lawyer for the inmates, Tendai Biti, told the court that his clients had been on the death row for periods ranging from 3 to 21 years and had suffered enough punishment that there was no need for them to be executed.

He said their continued incarceration was in violation of sections 51 and 53 of the Constitution and infringed on their rights to life and human dignity, which were the most important in the Bill of Rights.

Biti said he had 14 separate affidavits from the inmates explaining the conditions in prisons and the psychological torture that they suffered as a result of their placement on death row.

Given that his clients had served lengthy prison terms with various problems associated with incarceration in Zimbabwean prisons, Biti submitted that the correct remedy was to for the court to declare unconstitutional the continued incarceration and the blanket imposition of the life sentence.

"The court can make any order which is in the interest of justice... refer back to the High Court or resentencing taking into account the delay and what would have taken place over the years," he said.

State Counsel Olivia Zvedi said the severity of the crimes committed by the applicants warranted the treatment they were getting from the State, including being kept in solitary confinement for more than 20 hours per day.

Biti later told journalists that he would soon be challenging the death penalty as it was discriminatory and unequal.

"We would like to challenge the death penalty and we believe we will do so this year once parliament has passed amendments to the Criminal Procedures Amendment Act," he said.

"Some of the judges also don't believe in the death sentence. The fact of the matter is that there are some people, like the Minister of Justice, now the vice president, who feel that it is not right, they just don't have the courage to say let us outlaw it .The Constitution itself is discriminatory, women cannot be executed but men can be. Anything that is discriminatory and unequal is unconstitutional."

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Organizers of an anti-death penalty coalition say they have delivered over 56,000 petition signatures to New Hampshire Republican Gov. Chris Sununu, urging him to sign a bill to repeal the state’s capital punishment law.
Sununu has vowed to veto the bill, saying he stands with crime victims and members of the law enforcement community.
Before presenting the signatures, the New Hampshire Coalition to Abolish the Death Penalty held a news conference Thursday where family members of murder victims spoke in favor of repealing the death penalty.
The bill was passed by the House and Senate.
It is unclear whether they have a two-thirds majority of votes in both chambers, which is needed to override vetoes. Source: The Associated Press, May 17, 2018

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The high school junior accused of gunning down 10 students and teachers at a Santa Fe school is facing a capital murder charge - but he’ll never face the death penalty, even in Texas.
Though Dimitrios Pagourtzis was charged as an adult and jailed without bond, even if he’s found guilty he can’t be sentenced to death because of a 2005 U.S. Supreme Court ruling. And in the Lone Star State, he can’t be sentenced to life without parole as the result of a 2013 law that banned the practice for minors.
“In Texas, after the Supreme Court’s decision, they passed a law that basically says that it’s a life sentence if you’re under 18 at the time of the crime,” said attorney Amanda Marzullo, executive director of Texas Defender Services. “The Court has said that it is cruel and unusual to execute an individual who is under 18 at the time of the offense.”
The Santa Fe High School student admitted to the mass shooting that killed 10 and wounded 10 others early Friday, according to court documents.…

31 years ago, on May 20, 1987, just before midnight, I was sitting in the witness area of the Mississippi Gas Chamber watching someone die in front of me. His name was Edward Earl Johnson.
I am both sad and glad that Edward’s final two weeks, right up to his agonising death, were recorded in Paul Hamann’s extraordinary BBC documentary Fourteen Days in May. Sad, because from time to time I find myself forced to relive that horror, when I watch the film at some public event; glad, because at least Edward’s senseless death has had positive repercussions – the film inspiring many to take up the battle for people in his precarious predicament.
Yet it irks me beyond measure that people who should know better use their position of power to prognosticate that the justice system never executes the innocent. For example, in a case called Kansas v. March, in 2006, U.S. Supreme Court Justice Antonin Scalia loudly proclaimed that there is not “a single case — not one — in which it is clear that a…

How much does the public have a right to know about how the state of Indiana executes people?
It is a question that, effectively, strikes at the heart of capital punishment. And it's the issue in a 4-year-old case in Marion Circuit Court that started with a public records request by Washington attorney A. Katherine Toomey to the Indiana Department of Corrections (DOC).
"If we win ... the Indiana public will know more about one of the most consequential areas of decision making that the state of Indiana engages in," attorney Peter Racher said in an interview.
The state, however, sees it as contrary to a state law limiting what the public can see pertaining to executions. The law was controversial because of how it passed. After midnight on the final day of the 2017 legislative session, it was added to a budget bill, two pages out of 175.
"The budget is now a death penalty bill," Rep. Matt Pierce, D-Bloomington, said at the time. "There's been no public…

(CNN) - An Australian woman has been sentenced to death by hanging after a Malaysian court overturned an earlier acquittal of drug smuggling charges.
According to CNN affiliate Sky News, a three-judge panel unanimously threw out the previous ruling in 54-year-old Maria Elvira Pinto Exposto's case.
The grandmother and mother of four was arrested in December 2014 while transiting through the Malaysian capital Kuala Lumpur on a flight from Shanghai to Melbourne, according to another CNN affiliate, SBS News.
She was found in possession of 1.1 kilos (2.4 lb) of crystal methamphetamine and faced a mandatory death penalty under Malaysia's draconian drugs laws.
Exposto claimed she had no knowledge of the drugs in her bag and had been scammed by a boyfriend she met online.
According to SBS, Exposto's lawyers said she had gone to Shanghai to file documents in relation to her boyfriend's retirement from service in the US army. When she left China, Exposto claimed she was handed …

The lawyers fighting the death penalty ordered for a former Northmont High School student want the Ohio Supreme Court to reconsider its affirmation of the sentence and scheduling of the execution.
Austin Myers' lawyers said in a motion filed this morning that they want the state's highest court to overturn the conviction and call a new trial "or in the alternative that his sentence be modified to life without parole."
Myers, 23, is still apparently the 2nd youngest on Ohio's death row 3 1/2 years after being sentenced for the murder of childhood friend Justin Back, 18, of Wayne Twp., Warren County.
Last Thursday, the court affirmed the death penalty for Myers, for the stabbing death of Back at his home outside Waynesville in January 2014.
The execution was scheduled for July 20, 2022 in the decision.
Warren County prosecutor David Fornshell was pleased with the 7-0 ruling by the state's highest court.
"The 7-0 decision is always something you like to se…

Defendant claims firefighters didn't try hard enough to extinguish blaze
The nanny responsible for killing 4 members of a family in an arson appeared in court in eastern China on Thursday to appeal her death sentence.
Mo Huanjing, nanny of the family of Lin Shengbin, pleaded guilty to starting the fire. But she said during the appeal at Zhejiang High People's Court that "the penalty in the original ruling was extremely heavy".
"The tragedy wasn't the result I wanted to see," she added. She said the efforts of firefighters were flawed. And she confessed to her offense during the initial interrogation, which could be regarded as a reason to earn a more lenient sentence.
Wu Pengbin, her lawyer, told China Daily that some firefighters and employees of the property management department of Lin's apartment attended the hearing as witnesses at his urging.
"I wanted them to show what they were doing at the time to the court, as I, with my client, thoug…

To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

Concerns about Texas' dwindling lethal injection supplies coupled with questions about the age of the drugs have some advocates wondering whether the state is prepared to humanely carry out its recent uptick in scheduled executions.
Texas currently has 8 death dates and 9 doses of its execution drug - compounded sodium pentobarbital - for use in the Huntsville death chamber. What's more, a string of contradictory records from the Texas Department of Criminal Justice raises questions about whether some of those doses could be 3 years old, far older than previously reported and old enough that experts worry it could increase the chances of a "torturous" execution.
"The older the drug the greater the likelihood of a botched execution. Period," said Maurie Levin, a death penalty lawyer with experience in lethal injection litigation. "It becomes contaminated, corrupted, impotent, and all of those things can lead to a torturous execution."
In response …

Texas executed Juan Castillo, who said he was innocent, for 2003 San Antonio murder
A Texas death row inmate was executed Wednesday — his 4th execution date in a year. Though advocates and his attorneys insisted on Juan Castillo's innocence, he lost all his fights in court and was put to death for a 2003 San Antonio murder.
Juan Castillo was put to death Wednesday evening, ending his death sentence on his 4th execution date within the year.
The 37-year-old was executed for the 2003 robbery and murder of Tommy Garcia Jr. in San Antonio.
The execution had been postponed three times since last May, including a rescheduling because of Hurricane Harvey.
Castillo's advocates and attorneys had insisted on his innocence in Garcia’s murder, pleading unsuccessfully for a last-minute 30-day stay of execution from Republican Gov. Greg Abbott after all of his appeals were rejected in the courts.
The Texas Defender Service, a capital defense group who had recently picked up Castillo’s cas…

DPN opposes the death penalty in all cases, unconditionally, regardless of the method chosen to kill the condemned prisoner. The death penalty is inherently cruel and degrading, an archaic punishment that is incompatible with human dignity. To end the death penalty is to abandon a destructive diversionary and divisive public policy that is not consistent with widely held values. The death penalty not only runs the risk of irrevocable error, it is also costly to the public purse as well as in social and psychological terms.The death penalty has not been proved to have a special deterrent effect. It tends to be applied in a discriminatory way on grounds of race and class. It denies the possibility of reconciliation and rehabilitation. It prolongs the suffering of the murder victim's family and extends that suffering to the loved ones of the condemned prisoner. It diverts resources that could be better used to work against violent crime and assist those affected by it. Death Penalty News is a privately owned, non-profit organization. It is based in Paris, France.Your donations to Death Penalty News DO make a difference.